Warren G. Harding Supreme Court candidates
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Political rise
29th President of the United States
Presidential campaigns
Controversies
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During his time in office,
William Howard Taft nomination
During the 1920 election campaign,
White by then was in failing health, but made no move to resign when Harding was sworn in on March 4, 1921.[3] Taft called on the chief justice on March 26, and found White ill, but still carrying on his work and not talking of retiring.[4] White did not retire, dying in office on May 19, 1921. Taft issued a tribute to the man he had appointed to the center seat, and waited and worried if he would be White's successor. Despite widespread speculation Taft would be the pick, Harding made no quick announcement.[5] Taft was lobbying for himself behind the scenes, especially with the Ohio politicians who formed Harding's inner circle.[6]
It later emerged that Harding had also promised former Utah senator
George Sutherland nomination
On September 1, 1922, Justice John Hessin Clarke sent a letter to President Harding announcing his intention to resign from the Court. Harding was interested in showing his support for the growing American West, and was determined to pick a nominee from that region. Thus, on September 5, 1922, Harding nominated former Utah Senator George Sutherland to the seat. That same day, Sutherland was confirmed by a voice vote among his colleagues in the United States Senate, and received his commission.[8]
Clarke, who had been dissatisfied with his experience as a Justice, informed Sutherland, that the latter was embarking on "a dog's life"[12]
Pierce Butler nomination
Justice
Although he was supported by Chief Justice Taft, Butler's opposition to "radical" and "disloyal" professors at the University of Minnesota (where he had served on the Board of Regents) made him a controversial Supreme Court nominee. Senator-elect Henrik Shipstead of Butler's home state opposed him, as did Progressive Senator Robert M. La Follette of Wisconsin. Also against his confirmation were labor activists, some liberal newspapers (The New Republic and The Nation), and the Ku Klux Klan. However, with the support of prominent Roman Catholics, fellow lawyers (the Minnesota State Bar Association strongly endorsed him), and business groups (especially railroad companies), as well as Minnesota's other senator, Knute Nelson, he was confirmed by a wide margin of 61 to 8. The senators who voted against Butler comprised five Democrats (Walter F. George, William J. Harris, J. Thomas Heflin, Morris Sheppard, and Park Trammell) and three Republicans (Robert M. La Follette Sr., Peter Norbeck, and George W. Norris). He took his seat on the Court on January 2, 1923.
Edward Terry Sanford nomination
Justice Mahlon Pitney retired from the Court on December 31, 1922, after suffering a stroke. On January 24, 1923, Harding nominated Edward Terry Sanford of the United States District Court for the Middle District of Tennessee to replace Pitney. Sanford was confirmed by the United States Senate on January 29, 1923, by a voice vote.[8] As of 2023, Sanford is the last sitting district court judge to be elevated to the Supreme Court.
Names mentioned
Following is a list of individuals who were mentioned in various news accounts and books as having been considered by Harding for a Supreme Court appointment:
United States Courts of Appeals
- Court of Appeals for the Second Circuit
- Charles Hough (1858–1927)[13]
- Martin Manton (1880-1946)[14]
- Court of Appeals for the Seventh Circuit
- Francis E. Baker (1860-1924)[15]
United States District Courts
- Learned Hand (1872–1961) – Judge, United States District Court for the Southern District of New York[14]
- Edward Terry Sanford (1865–1930) – Judge, United States District Court for the Middle District of Tennessee and United States District Court for the Eastern District of Tennessee (Nominated and Confirmed)[8]
State Supreme Courts
- Robert von Moschzisker (1870–1939) – Chief Justice, Supreme Court of Pennsylvania[16]
- Benjamin Cardozo (1870–1938) – Judge, New York Court of Appeals (Later nominated by President Herbert Hoover and Confirmed)[13][14]
Academics
- Harlan Fiske Stone (1872–1946) – Dean of Columbia Law School (Later Nominated by President Calvin Coolidge and Confirmed)[8][14]
Other backgrounds
- William Howard Taft (1857–1930) – Former President of the United States (Nominated and Confirmed)[8]
- Senator from Utah (Nominated and Confirmed)[8]
- Pierce Butler (1866–1939) – Private attorney (Nominated and Confirmed)[8]
- United States Solicitor General under Wilson and 1924 Democratic presidential candidate[14]
See also
References
- ^ Pringle vol 2, p. 949.
- ^ Gould 2014, pp. 166–168.
- ^ Gould 2014, p. 168.
- ^ Pringle vol 2, p. 956.
- ^ a b Pringle vol 2, pp. 957–959.
- ^ Anderson 2000, p. 345.
- ^ Trani & Wilson, pp. 48–49.
- ^ a b c d e f g h i Supreme Court Nominations, 1789–present, senate.gov.
- ^ Gould 2014, pp. 170–171.
- ^ Report on Supreme Court nominees 1789–2005, Congressional Research Service, page 41.
- )
- ^ Quoted in Joel Francis Paschal, Mr. Justice Sutherland: A Man Against the State (Princeton: Princeton University Press, 1951), p. 114.
- ^ ISBN 978-0-674-00192-3.
- ^ ISBN 978-0-313-22652-6.
- The Bristol Herald, November 21, 1922, p. 2
- ^ 'Harding Greets Justice from Keystone State – Significance Is Attached to Conference'; The Cincinnati Enquirer, December 12, 1922, p. 5
- ^ Sutherland was appointed to the high court in 1922.
- William E. Borah of Idaho and La Follette of Wisconsin. The Democrat was Thomas E. Watsonof Georgia.
Sources and further reading
- Anderson, Donald F. (Winter 2000). "Building National Consensus: The Career of William Howard Taft". University of Cincinnati Law Review. 68: 323–356.
- Gould, Lewis L. (2014). Chief Executive to Chief Justice:Taft Betwixt the White House and Supreme Court. Lawrence, Kansas: University Press of Kansas. ISBN 978-0-7006-2001-2.
- Pringle, Henry F. (1939). The Life and Times of William Howard Taft: A Biography. Vol. 2. vol 2 covers the presidency after 1910 & Supreme Court
- Trani, Eugene P.; Wilson, David L. (1977). The Presidency of Warren G. Harding. American Presidency. The Regents Press of Kansas. ISBN 978-0-7006-0152-3.